Is “Vibing” a good enough reason to appoint a candidate?

In the case of Kalina v Digitas LBI Ltd, the Employment Tribunal dismissed claims of discrimination during recruitment when the employer (Digitas LBI Ltd) selected the candidate they felt they “vibed” with more.

Two applicants had been interviewed and shortlisted for a marketing role with Digitas LBI Ltd, one of whom was the claimant, Kalina.

In the competency-based assessment, both were seen as equally appointable, and as a result, Digitas LBI Ltd decided to base their recruitment decision on the candidate they vibed with more in the interview and who they felt would be the better fit for the office.

In response, the unsuccessful candidate, Kalina, raised a claim with the Employment Tribunal, arguing that the decision-making process was discriminatory on the grounds of race and disability.

Kalina argued that because she is Russian, her personality didn’t conform to the British workplace norms, such as swearing and going to the pub.

In addition, because of Kalina’s anxiety and depression, she had more difficulties with social interaction.

However, the Tribunal dismissed all of Kalina’s claims and agreed that team fit can be a factor in recruitment in certain circumstances.

While recruitment decisions should focus predominantly on skills and experience as much as possible, there can also be room for personality if these other factors are matched.

To ensure employers are protected in such decisions, it is advised that the recruitment decision-making process is documented and transparent.

It would therefore be beneficial to have a clear recruitment process/policy which outlines the decision-making process, and where different factors for decisions may be relevant.

If you need to appoint quickly but want to stay fair and consistent, contact Solutions for HR for practical support with your recruitment process.